Senate Bill sb2680

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2680

    By Senator Campbell





    32-820-03                                           See HB 853

  1                      A bill to be entitled

  2         An act relating to unclaimed property; amending

  3         s. 717.101, F.S.; revising a definition;

  4         creating s. 717.1071, F.S.; providing for

  5         determining when certain property of a

  6         demutualized insurance company is unclaimed;

  7         amending s. 717.1101, F.S.; revising provisions

  8         for determining when certain equity and debt of

  9         a business association is unclaimed; providing

10         for reversing such determination; deleting an

11         application provision; amending s. 717.119,

12         F.S.; providing for disposition of certain

13         unclaimed firearms or ammunition; providing

14         duties of the Department of Financial Services;

15         specifying absence of liability of the

16         department for certain actions; providing an

17         effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Paragraph (d) of subsection (12) of section

22  717.101, Florida Statutes, is amended to read:

23         717.101  Definitions.--As used in this chapter, unless

24  the context otherwise requires:

25         (12)  "Intangible property" includes, by way of

26  illustration and not limitation:

27         (d)  Moneys deposited to redeem stocks, bonds, bearer

28  bonds, original issue discount bonds, coupons, and other

29  securities, or to make distributions.

30         Section 2.  Section 717.1071, Florida Statutes, is

31  created to read:

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2680
    32-820-03                                           See HB 853




 1         717.1071  Unclaimed demutualization

 2  proceeds.--Unclaimed property payable or distributable in the

 3  course of a demutualization of an insurance company is

 4  presumed unclaimed 5 years after the earlier of the date of

 5  last contact with the policyholder or the date the property

 6  became payable or distributable.

 7         Section 3.  Section 717.1101, Florida Statutes, is

 8  amended to read:

 9         717.1101  Unclaimed equity and debt of Stock and other

10  intangible interests in business associations.--

11         (1)(a)  Stock or other equity interest in a business

12  association is presumed unclaimed 5 years after the earliest

13  of:

14         1.  The date of the most recent dividend, stock split,

15  or other distribution unclaimed by the apparent owner;

16         2.  The date of a statement of account or other

17  notification or communication that was returned as

18  undeliverable; or

19         3.  The date the holder discontinued mailings,

20  notifications, or communications to the apparent owner.

21         (b)  Unmatured or unredeemed debt, other than a bearer

22  bond or an original issue discount bond, is presumed unclaimed

23  5 years after the date of the most recent interest payment

24  unclaimed by the owner.

25         (c)  Matured or redeemed debt is presumed unclaimed 5

26  years after the date of maturity or redemption.

27         (d)  At the time property is presumed unclaimed under

28  paragraph (a) or paragraph (b), any other property right

29  accrued or accruing to the owner as a result of the property

30  interest and not previously presumed unclaimed is also

31  presumed unclaimed Except as provided in subsections (2) and

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2680
    32-820-03                                           See HB 853




 1  (5), any stock or other intangible ownership interest in a

 2  business association, the existence of which is evidenced by

 3  record available to the association, is presumed unclaimed

 4  and, with respect to the interest, the association is the

 5  holder, if a dividend, distribution, or other sum payable as a

 6  result of the interest is not claimed for 5 years by the owner

 7  and the owner has not within 5 years:

 8         (a)  Communicated in writing with the association or

 9  its agent regarding the interest or a dividend, distribution,

10  or other sum payable as a result of the interest; or

11         (b)  Otherwise communicated with the association

12  regarding the interest or a dividend, distribution, or other

13  sum payable as a result of the interest, as evidenced by a

14  memorandum or other record on file with the association or its

15  agent.

16         (2)  At the expiration of a 5-year period following the

17  failure of the owner to claim a dividend, distribution, or

18  other sum payable to the owner as a result of the interest,

19  the interest shall not be presumed unclaimed unless there have

20  been at least five dividends, distributions, or other sums

21  paid during the period, none of which has been claimed. If

22  five dividends, distributions, or other sums are paid during

23  the 5-year period, the period leading to a presumption that

24  the interest is unclaimed commences on the date payment of the

25  first such unclaimed dividend, distribution, or other sum

26  became due and payable. If five dividends, distributions, or

27  other sums are not paid during the presumptive period, the

28  period continues to run until there have been five consecutive

29  dividends, distributions, or other sums that have not been

30  claimed by the owner.

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2680
    32-820-03                                           See HB 853




 1         (2)(3)  The running of such 5-year period ceases if the

 2  person:

 3         (a)1.  Communicates in writing with the association or

 4  its agent regarding the interest or a dividend, distribution,

 5  or other sum payable as a result of the interest; or

 6         2.  Otherwise communicates with the association

 7  regarding the interest or a dividend, distribution, or other

 8  sum payable as a result of the interest, as evidenced by a

 9  memorandum or other record on file with the association or its

10  agent.

11         (b)  Presents an instrument issued to pay interest or a

12  dividend or other cash distribution immediately upon the

13  occurrence of one or more of the conditions referred to in

14  subsection (1). If any future dividend, distribution, or other

15  sum payable to the owner as a result of the interest is

16  subsequently not claimed by the owner, a new period in which

17  the property is presumed unclaimed commences and relates back

18  only to the time a subsequent dividend, distribution, or other

19  sum became due and payable.

20         (3)(4)  At the same time any interest is presumed

21  unclaimed under this section, any dividend, distribution, or

22  other sum then held for or owing to the owner as a result of

23  the interest, is presumed unclaimed.

24         (5)  This chapter shall not apply to any stock or other

25  intangible ownership interest enrolled in a plan that provides

26  for the automatic reinvestment of dividends, distributions, or

27  other sums payable as a result of the interest unless the

28  records available to the administrator of the plan show:

29         (a)  With respect to any intangible ownership interest

30  not enrolled in the reinvestment plan, that the owner has not

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2680
    32-820-03                                           See HB 853




 1  within 5 years satisfied any of the conditions referred to in

 2  subsection (1); or

 3         (b)  The holder has reason to believe the owner has not

 4  received statements or other mailings for a 5-year period.

 5         Section 4.  Subsection (5) of section 717.119, Florida

 6  Statutes, is amended to read:

 7         717.119  Payment or delivery of unclaimed property.--

 8         (5)  All intangible and tangible property held in a

 9  safe-deposit box or any other safekeeping repository reported

10  under s. 717.117 shall not be delivered to the department

11  until 120 days after the report due date.

12         (a)  Holders may remit the value of cash and coins

13  found in unclaimed safe-deposit boxes to the department by

14  cashier's check or by electronic funds transfer, unless the

15  cash or coins have a value above face value. The department

16  shall identify by rule those cash and coin items having a

17  numismatic value. Cash and coin items identified as having a

18  numismatic value shall be remitted to the department in their

19  original form.

20         (b)  Any firearm or ammunition found in an unclaimed

21  safe-deposit box or any other safekeeping repository shall be

22  delivered by the holder to a law enforcement agency for

23  disposal. However, the department is authorized to make a

24  reasonable attempt to ascertain the historical value to

25  collectors of any firearm that has been delivered to the

26  department. Any firearm appearing to have historical value to

27  collectors may be sold by the department pursuant to s.

28  717.122 to a person having a federal firearms license. Any

29  firearm which is not sold pursuant to s. 717.122 shall be

30  delivered by the department to a law enforcement agency in

31  this state for disposal. The department shall not be

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2680
    32-820-03                                           See HB 853




 1  administratively, civilly, or criminally liable for any

 2  firearm delivered by the department to a law enforcement

 3  agency in this state for disposal.

 4         (c)(a)  If such property is not paid or delivered to

 5  the department on or before the applicable payment or delivery

 6  date, the holder shall pay to the department a penalty of $10

 7  for each safe-deposit box received late, but such penalty

 8  shall not exceed $1,000.

 9         (d)(b)  The department may waive any penalty due with

10  appropriate justification, as provided by rule.

11         (e)(c)  Upon written request by any person required to

12  deliver safe-deposit box contents, the department may postpone

13  the delivery.

14         Section 5.  This act shall take effect upon becoming a

15  law.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.